§6321 Fiscal Requirements

Summary

A local school district can get these federal funds only if the state finds the district kept up its required level of spending under section 7901. Federal money must only add to state and local money for students in the program and cannot replace it. To show this, the district must prove its method of dividing state and local funds makes sure each school getting federal help still gets all the state and local money it would have gotten without the federal money. The district does not have to label individual costs as “supplemental” or use a specific teaching method or setting to show compliance. The U.S. Secretary cannot require a particular way to divide funds. The district must meet the proof requirement within 2 years after December 10, 2015, but may use the method it used before December 10, 2015, to show compliance earlier. A district can get funds only if state and local money pay for services in schools that are, overall, at least as good as services in schools not getting the federal help. If every school in the district gets federal help, each school must have substantially comparable services. The district can compare by grade span or school by school. A written promise filed with the state that the district has a district-wide pay schedule, a policy to keep teacher and staff quality equal, and a policy to keep curriculum materials and supplies equal will meet this test. When comparing spending per student, pay differences for years of service are not counted. Unexpected changes after the school year starts can be excluded. The district must make procedures, keep records updated every two years, and the rule does not apply if the district has no more than one building per grade span. The district may exclude funds used for language instruction or the extra costs of serving students with disabilities when checking comparability. The state or district may also exclude supplemental state or local funds used for programs that meet the goals of this federal program.